Dr Nandkumar Shankar Gaikwad v. The State Of Maharashtra And ANR
2024:BHC-AS:40125-DB Gaikwad RD 47-ia-3967-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3967 OF 2024 IN CRIMINAL APPLICATION NO.968 OF 2022 Dr. Nandkumar Shankar Gaikwad .....Applicant In the Matter Between:
Dr. Nandkumar Shankar Gaikwad .....Applicant Vs.
The State Of Maharashtra & Anr.
.....Respondents Mr. Raviraj R. Paramane (Through VC) ith Mr. Deva L. Shinde, for the Applicant.
Mr. Ashish I. Satpute, APP, for Respondent No.1-State. Mr. Preet Chedda with Ms. Sayali S. Sawant, for Respondent No.2. CORAM : SARNAG V. KOTWAL AND DR. NEELA GOKHALE, JJ.
DATE : 8th OCTOBER 2024.
P.C.:- 1) This is an Application for restoration of Criminal Application No.968 of 2022, which was dismissed vide order dated 12th June 2024. There is a delay of 76 days in preferring the Application, as well. There is another prayer for condonation of delay. 1/2
Gaikwad RD 47-ia-3967-2024.doc 2) Learned counsel for the Applicant submitted that when the matter was listed before the Court on 12th June 2024, due to oversight the matter was not noticed by the learned counsel and therefore nobody could remain present. There was no intention to not argue the matter. He submits that if the matter is restored, the matter will be attended diligently. Learned counsel for Respondent No.2 opposed the Application.
3) Considering the submissions made by the learned counsel for the Applicant and in the interest of justice, the Application is allowed so that the main matter can be decided on merits. The delay in preferring the Application is condoned. The Criminal Application No.968 of 2022 is restored to its original file. 4) The parties are at liberty to mention the matter for taking it up on admission board by giving notice to other side. 5) The Interim Application is disposed of.
(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 10/10/2024 12:11:32